Bitra Srinivasa Rao vs The Union Of India
2021 Latest Caselaw 1070 AP

Citation : 2021 Latest Caselaw 1070 AP
Judgement Date : 23 February, 2021

Andhra Pradesh High Court - Amravati

Bitra Srinivasa Rao vs The Union Of India on 23 February, 2021

Bench: Ninala Jayasurya

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(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)

TUESDAY, THE TWENTY THIRD DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 4423 OF 2021
Between: '

Bitra Srinivasa Rao, S/o. Koteswara Rao,

Petitioner
AND

1. The Union of India, represented by its Secretary Ministry of Shipping, Road,
Transport and High Ways, Department of Road, Transport and Highways,
Transport Bhavan, Parliament Street, New Delhi.

2. The National Highways Authority of India, Represented by its Chairman and
Managing Director, Ministry of Shipping, Road, Transport and High Ways
Corporate Office at G. 5 and G6, Sector 10, Dwaraka, New Delhi.

3. The State of Andhra Pradesh, represented by the Principal Secretary, Road and
Transport Department A.P. Secretariat, Velagapudi, Guntur District.

4. The Joint Collector-Cum-Arbitrator, Krishna District at Machilipatnam.

5. The Sub-Collector- Cum- Competent Authority, (Land Acquisition- National
Highways) Nuzvid Revenue Division. Nuzvid, Krishna District.

6. The Regional Officer,, National Highways Authority of India, Plot No. 74,
Vanammall Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony
Gurunanak Nagar Road, Vijayawada, Krishna District.

7. The Project Director,, Project Implementation Unit National Highways Authority of
india Plot No. 74, Vanammall Building Near N.A.C. Kalyanavedika, Commercial
Taxes Colony Gurunanak Nagar Road, Vijayawada, Krishna District

Respondents

WHEREAS. the Petitioner above named through his Advocate Sri
Gangisetty Rajeswara Rao presented this Petition under Article 226 of the Constitution
of India praying that in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased to issue a Writ, order or orders or direction more particularly one
in the nature of Writ of Mandamus declaring the action of the respondents without
paying statutory benefits, acquiring the land of the petitioner in an extent of 160 Square
Meters in R.S.No.186/13B of Akunuru Village, Vuyyuru Mandal, Krishna District vide.
Award No. 1 of 2012 Dated.22.9.2012 (Proc.Rc.No. B1/ 1651/2007), for the purpose of
widening of National Highway No. 9 (Vijayawada-Machilipatnam Section) as illegal,
arbitrary, discriminatory and violation principles of natural justice apart from violation of
Article 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct
the respondents to release statutory benefits such as Solatium, Additional Market
Value, Damages, Ex-Gratia and Interest, for the acquired land of the petitioner in an
extent of 160 Square Meters in R.S.No.186/13B of Akunuru Village, Vuyyuru Mandal,
Krishna District, in terms of under Section 23, 28 and 34 of the Land Acquisition Act,
1894, in view of the judgment rendered by the Hon'ble Supreme Court in Sunita Mehra
and another Vs. Union of India and others reported in 2016 (8) SCALE 568.

AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri Gangisetty Rajeswara Rao,
Advocate for the Petitioner, directed issue of notice to the Respondents herein
returnable within a period of three (3) weeks to show cause as to why this WRIT
PETITION should not be admitted.

You viz:

1. The Secretary, Ministry of Shipping, Road, Transport and High Ways,
Department of Road, Transport and Highways, Transport Bhavan, Parliament
Street, Union of India, New Delhi.

2. The Chairman and Managing Director, National Highways Authority of India,
Ministry of Shipping, Road, Transport and High Ways Corporate Office at G. 5
and G6, Sector 10, Dwaraka, New Delhi.

3. The Principal Secretary, Road and Transport Department, State of AP., ALP.
Secretariat, Velagapudi, Guntur District.

4. The Joint Collector-Cum-Arbitrator, Krishna District at Machilipatnam.

5. The Sub-Collector- Cum- Competent Authority, (Land Acquisition- National
Highways) Nuzvid Revenue Division. Nuzvid, Krishna District.

6. The Regional Officer, National Highways Authority of India, Plot No. 74,
Vanammall Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony
Gurunanak Nagar Road, Vijayawada, Krishna District.

7. The Project Director, Project Implementation Unit Nationa! Highways Authority of
India Plot No. 74, Vanammaill Building Near N.A.C. Kalyanavedika, Commercial
Taxes Colony Gurunanak Nagar Road, Vijayawada, Krishna District

are directed to show cause either appearing in person or through an Advocate, as to
why in the circumstances set out in the petition and affidavit filed therewith (copy
enclosed) this WRIT PETITION should not be admitted.

The Court made the following

ORDER:

Notice before admission, returnable within a period of three (3) weeks. List after four (4) weeks for filing counters of the concerned respondents.

Office to print the name of Mr. S.S.Varma, Standing Counsel for National Highways Authority of India, Mr N. Harinadh, Assistant Solicitor General and Government Pleader for Land Acquisition and Government Pleader for Land Acquisition.

Sd/- K. Tata R4o

ASSISTANT REGISTRAR IITRUE COPYI// Wa For ASSISTAN GISTRAR To,

1. The Secretary, Ministry of Shipping, Road, Transport and High Ways, Department of Road, Transport and Highways, Transport Bhavan, Parliament Street, Union of India, New Delhi.

2. The Chairman and Managing Director, National Highways Authority of India, Ministry of Shipping, Road, Transport and High Ways Corporate Office at G. 5 and G6, Sector 10, Dwaraka, New Delhi.

3. The Principal Secretary, Road and Transport Department, State of A.P., AP.

Secretariat, Velagapudi, Guntur District.

The Joint Collector-Cum-Arbitrator, Krishna District at Machilipatnam.

The Sub-Collector- Cum- Competent Authority, (Land Acquisition- National

Highways) Nuzvid Revenue Division. Nuzvid, Krishna District.

10,

The Regional Officer, National Highways Authority of India, Plot No. 74, Vanammall Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony Gurunanak Nagar Road, Vijayawada, Krishna District.

The Project Director, Project Implementation Unit National Highways Authority of India Plot No. 74, Vanammall Building Near N.A.C. Kalyanavedika, Commercial Taxes Colony Gurunanak Nagar Road, Vijayawada, Krishna District (Addressee nos 1 to 7 by RPAD- along with a copy of petition and affidavit)

One CC to Sri. Gangisetty Rajeswara Rao Advocate [OPUC]

Two CCs to GP for Land Acquisition, High Court of A.P., at Amaravati (OUT)

One CC to Sri N. Harinath, Asst. Solicitor General, High Court of A.P., at

Amaravati (OUT)

11.Two CCs to Sri S.S. Varma, Standing Counsel for National Highways Authority of

India, High Court of A.P., at Amaravati (OPUC)

12.One spare copy

Skm

HIGH COURT

NJS,J

DATED:23/02/2021

NOTE: LIST AFTER FOUR (4) WEEKS